Date: Thu, 13 Jan 1994 17:27:19 -0800
From: Meg Satterthwaite
AMNESTY INTERNATIONAL
MEMBERS FOR LESBIAN AND GAY CONCERNS
Newsletter
Volume 3, 1993 Issue #11
AIMLGC
P.O. Box 8293 Santa Cruz, CA 95061-8293
email: aimlgc@igc.apc.org
Editor: Meg Satterthwaite 408-427-0710
Typesetting and Design: Kristen Ochoa
GAY BRAZILIAN IS GRANTED POLITICAL ASYLUM
By Michelle Mohr
For the first time in the United States a gay man has been
granted political asylum because he has a well founded
fear of persecution in Brazil based on his sexual
orientation. The decision was issued on July 26 by Judge
Philip Leadbetter in San Francisco. He ruled that Marcelo
Tenorio was eligible for asylum based on a well founded
fear as a result of membership in a particular social
group. During TenorioUs trial he cited fear of
persecution in Brazil because in 1989 he was stabbed and
beaten outside of a gay disco in Rio de Janeiro. The
people who attacked Tenorio threatened that if they ever
saw him again in that gay neighborhood they would kill
him. Tenorio stated that he does not feel safe in Brazil
because he looks and acts openly gay. In the 18 page
ruling issued by the court, the judge stated that RSexual
orientation is arguably an immutable characteristic, and
one which an asylum applicant should not be compelled to
change. Thus, homosexuals are considered to be members of
a particular social group.S Dr. Luiz Mott, the President
of Grupo Gay da Bahia in Brazil, testified at TenorioUs
trial that there are twelve paramilitary organizations in
Brazil that have publicly declared a goal of murdering
homosexuals and transvestites. According to statistics
compiled by Grupo Gay da Bahia, as many as 1200 gay men,
lesbians and transvestites have already been killed by
these paramilitary death squads over the last ten years.
These groups kill on average one gay person every 5 days.
After the decision was made to grant Tenorio asylum, the
Immigration and Naturalization Service (INS) had the
option of appealing the decision. The INS has since
decided to appeal, thus TenorioUs case must be tried
again. TenorioUs attorney, Tania Alvarez stated that RI
think the INS will appeal, but it will be really hard for
them to crack this one.S Even if the Tenorio case is
denied during the appeals process this case will make it
easier for the next judge to grant political asylum to a
gay person because the judge will not have to be the first
to do so. There are currently at least fourteen pending
cases of gays and lesbians who wish to receive political
asylum based on their sexual orientation. If TenorioUs
case is not denied during the appeals process, the United
States will join Canada, Finland, Germany, Australia,
Sweden, Denmark, New Zealand, the Netherlands and Austria
in interpreting Rsocial groupS to include persecuted
sexual minorities. Julie Dorf, the Executive Director of
the International Gay and Lesbian Human Rights Commission
said, RBy ruling to grant asylum, Judge Leadbetter has
asserted that the United States must become a place of
refuge to persecuted gay men and lesbians, just as it can
be to other persecuted people. We hope that this ruling is
the first of many to grant sexual minorities equal
protection under U.S. immigration law.S
Gay and Lesbian Human Rights Newsclips
The following accounts are not from Amnesty reports; they
were culled from various different sources, including the
gay press and gay and lesbian organizations. They are
included here for informational purposes, and represent
the range of situations gay men and lesbians face. The
presence of a story here does not indicate that AI is or
is not currently investigating the situation. Sources
follow each account. Croatia: Bosnian gays fleeing that country
will soon have a place to go in Croatia: a Croatian gay group is
setting up an emergency center in Zagreb. According to the group,
Lesbians and Gay Men in Action, many Croatian gays are also
fleeing to the capital because they are resisting the draft. Many
of these fleeing gays do not have proper identification and
therefore cannot claim Red Cross aid and other help. The center
will provide shelter, counseling, and humanitarian aid.
(Washington Blade , 7/23/93) Lithuania: On June 10, 1993, the
parliament of Lithuania repealed its sodomy law, paragraph 120.1,
which had punished homosexual acts between consenting adults.
According to reports, the last remaining person imprisoned under
paragraph 120.1 was released recently. (Washington Blade ,
8/13/93) New Zealand: On July 28, 1993, the parliament of New
Zealand accepted a civil rights law which protects gays and people
with HIV/AIDS against discrimination. New Zealand repealed its
sodomy law in 1986. (Washington Blade , 8/6/93) Norway:
Immigration officials rejected an asylum application made by a gay
man who was fleeing Cuba, where he said he had been detained three
times under that country's sodomy law. He also testified that
gays are often raped by police officers. The refugee appealed the
decision. (Washington Blade , 5/21/93) Turkey: The Governor of
Istanbul banned at the last minute the first Congress of
Homosexual Solidarity, which was to be held July 2-6, 1993.
Delegates held a press conference to protest the ban on July 3,
before which 28 foreign delegates and three Turkish delegates were
detained by the police. The foreign detainees were held in a bus
for a day and then deported to Germany after having refused an HIV
test, requested by the Turkish authorities. The three Turkish
detainees were released after facing ill-treatment. International
gay and lesbian organizations, as well as Amnesty International,
protested the Turkish authorities' actions. (ILGA Press Release,
7/7/93, UA 221/93) United Kingdom: Three young British gay men
have petitioned the European Court of Human Rights charging the
U.K. with discrimination. Under British law, homosexual acts are
prohibited for men under the age of 21, while the age of consent
for heterosexuals (and all women) is 16. In 1991, 213 young men
under 21 were prosecuted for homosexual acts in private between
consenting adults. (ILGA Bulletin , 3/93)
AIMLGC Costa Rica Formed
A group of AI members in Costa Rica has formed a network
there similar to AIMLGC here in the US. The group is
called Amnista Internacional - Miembros por los Derechos
Humanos de Gays y Lesbianas. The group publishes a
newsletter with information about AI's work on behalf of
gay and lesbian rights, and sends out information on
abuses and actions. This is the first official AIMLGC
group in Latin America, and we welcome their work.
Congratulations!
GAYS SPEAK OUT AT WORLD CONFERENCE
At the United Nations World Conference on Human Rights in
June 1993, gay men and lesbians had official
representation for the first time ever at a U.N. meeting.
Three gay organizations were officially represented as
non-governmental organizations at the conference: the
International Lesbian and Gay Association (ILGA), the
Australian Council for Lesbian and Gay Rights, and a
Canadian group called Equality for Gays and Lesbians
Everywhere. ILGA reported that the gay representatives
were not met with much overt homophobia, and they felt
their presence was an important, historic step. The
official representatives of five nations expressed support
for the human rights of gays and lesbians. These
countries were: Australia, Austria, Canada, Germany, and
the Netherlands. In addition, other non-governmental
organizations expressed concern about gay and lesbian
oppression and victimization. Amnesty International
included concerns about this area, saying in its
conference document that gays and lesbians have been
overlooked in human rights work around the world. The
conference delegates drafted a document of common ground
during the proceedings. Canada attempted to add "sexual
orientation" to a discussion of discrimination in the
document, but the words were not included in the final
version. Although the results of gay and lesbian
visibility were not concrete in any direct sense, gay
activists felt their presence was a major step forward in
the struggle for gay and lesbian human rights. (Washington
Blade , 7/9/93)
Gay and Lesbian Concerns in 1993 Report
Amnesty International's 1993 Report on human rights
achievements and violations discusses gay and lesbian
human rights concerns in several countries. The report
discusses anti-gay legislation in Australia, Nicaragua,
and the United Kingdom. It mentions new, positive
legislative reform in Estonia and Latvia, where sodomy
laws were struck down during the last year. Possible gay
prisoners of conscience were held in Lithuania and Russia.
In addition, the report discusses police abuse in Costa
Rica, where gays and transvestites have been subject to
torture or cruel, inhuman or degrading treatment,
including rape. Gays have been executed in Iran for their
homosexuality, and they face extra judicial executions and
"disappearances" by death squads in Colombia. The Annual
Report is available through the New York office for
$16.95/copy. Write: AIUSA, 322 Eighth Avenue, New York,
NY 10001.
UN FINALIZES RECOGNITION OF FIRST GAY AND LESBIAN ORGANIZATION
By Michelle Mohr
On July 30, 1993 the United Nations Economic and Social
Council (ECOSOC) gave permanent Rnon governmental
organizationS status to an organization representing
Lesbians and Gay men. This action finalized the
recommendation that was handed down by the UN Committee on
Non-Governmental Organizations on March 31 (see story,
AIMLGC issue #10). The International Gay and Lesbian
Association (ILGA) was supported by 22 States. Four states
voted against and 17 States abstained. ILGA can now
participate in UN human rights meetings. The following
States voted in favor of ILGA: Argentina, Australia,
Austria, Belarus, Belgium, Brazil, Canada, Chile, Cuba,
Denmark, France, Germany, Italy, Japan, Mexico, Norway,
Peru, Russian Federation, Spain, Ukraine, The United
Kingdom, and the United States. The following States voted
against ILGA: Malaysia, Swaziland, Syria, and Togo. Major
Countries abstaining were China, Colombia, India and
Nigeria. Morocco, unsure of what to do, announced that it
was Rabsent." This provoked laughter throughout the room.
Cuba, often criticized for its policies on homosexuals,
told ILGA it had Rlearned from its mistakes.S France came
out in strong support of ILGA, stating that ILGAUs
Robjective of fighting discrimination should have the
support of the Economic and Social Council.S Malaysia
said it opposed the R ethical and moral values represented
by this organization.S India abstained because it
preferred unanimous decisions on the accreditation of new
non governmental organizations. The International Gay and
Lesbian Human Rights Commission (IGLHRC) in San Francisco
acts as the Action Secretariat for ILGA and will thus have
the opportunity to help lobby the UN on behalf of gay and
lesbian human rights. In addition, the Center ILGA
Committee, based in New York, will step up its work to
ensure that ILGA's voice is heard at the United Nations.
Amnesty International has Rconsultative statusS within the
United Nations as well. This is a unique opportunity for
human rights organizations and gay and lesbian
organizations to pull together in order to put more
pressure on the UN on behalf of gay and lesbian human
rights.
AIUSA CAMPAIGN ON GAY AND LESBIAN HUMAN RIGHTS
AIUSA will kick-off Amnesty's first-ever campaign for the
human rights of gay men and lesbians. The campaign, which
was mandated by a resolution passed at the 1992 Annual
General Meeting, will begin in January and run through
June 1994. Like other AIUSA campaigns, this one will
begin with the publication of a campaign document, which
will be the basis for actions and events organized by
local and youth groups. This document will be very
important: it will be one of the first ever published by a
large human rights organization on gay and lesbian human
rights. Groups are invited to sign up for the campaign by
filling out a coupon that will be included in the
September, October, and November Monthly Mailing and
Inter-SAY mailings. Campaign materials will be sent out
to groups who want to participate. The campaign will
culminate with AIMLGC's participation in the Stonewall 25
March to the UN in June 1994.
AIMLGC Steering Committee
Action:
Abe Bonowitz Meg Satterthwaite Paul Tighe
Policy:
Catherine DeFlorio Alice Miller Cynthia Rothschild Meg
Satterthwaite Vince Steele
Staff Liaison:
Cary Johnson
Liaison to HIV Task Force:
Sofia Gruskin
Officers:
Chair: Meg Satterthwaite Treasurer: Paul Tighe Secretary: Neil
Demers-Grey Database Coordinator: Mike Lax
Submissions:
We welcome submissions to the AIMLGC newsletter. Please keep
articles to two pages, typed single-spaced. Submissions should
address issues of gay and lesbian human rights as a facet of
Amnesty International's work. Submissions will be edited by the
coordinating editor. Please send submissions to AIMLGC, or call
your Regional Contact for more information. Deadline for issue
#12: November 15.
Subscriptions:
One-year, four issue subscriptions are $8.00 Please make checks
payable to AIMLGC.
AIMLGC is an official membership network of Amnesty International,
USA. Amnesty International is an independent worldwide movement
working impartially for the release of all prisoners of
conscience, fair and prompt trials for political prisoners and an
end to torture and executions. It is funded by members and
supporters throughout the world.
IRELAND PROPOSES DECRIMINALIZATION
The Government of the Republic of Ireland recently
published the Criminal Law (Sexual Offences ) Bill 1993,
which will repeal the existing law forbidding homosexual
acts and introduce provisions prohibiting such acts with
persons under 17 years. Current legislation on
homosexuality on the Republic of Ireland is in breach of
the European Convention on Human Rights because if allows
for the prosecution of consenting adults engaging in
homosexual acts in private. The European Court of Human
Rights ruled in the David Norris case in 1988 that Irish
laws were in breach of Article 8 of the European
Convention, which guarantees the right to privacy. David
Norris, a senator and long-standing campaigner for gay
rights in the Republic of Ireland, contested in the 1987
before the European Court of Human Rights the existence of
laws which make certain homosexual practices between
consenting adult men criminal offenses. Although the
Irish government pleaded that the legislation had never
been enforced against the applicant, and that he could not
claim to be a "victim" under within the meaning of article
25/1 of the Convention, the Court held that Article 25 of
the Convention "entitles individuals to contend that a law
violates their rights by itself... if they run the risk of
being directly affected by it." It admitted that the risk
of prosecution in this case was minimal but that as long
as a law remained in the Statute Book it might be applied
at any time. The Court stated: "Moreover, it was found in
the national proceedings that one of the effects of
criminal sanctions against homosexual acts is to increase
the anxiety and guilt of homosexuals leading, on
occasions, to depression and the serious consequences
which can follow from that unfortunate disease." It has
been many years since the European Court decision, and gay
and lesbian organizations both inside and outside of
Ireland have been campaigning for the repeal of the law
since. These organizations are now joined by Amnesty,
which welcomes the proposed legislation and is pressing
for its acceptance. In June, Amnesty produced a Regional
Action Network action aimed at encouraging this
legislative change. The action was assigned to groups in
Canada, Sweden, and Germany. (AI EUR 29/05/93)
LEAGUE FOR LESBIAN AND GAY PRISONERS
The League for Lesbian and Gay Prisoners (LLGP) is a
support and resource network of people, both in and out of
prison, who are concerned about the equal rights, special
problems, and issues of gay, lesbian, bisexual, and
transgender prisoners. They have contacted AIMLGC, and
are interested in keeping us up to date on the human
rights situation for gay people in American prisons. In
addition, they will alert us if they have cases that seem
relevant to our work. The League stresses the importance
of including the voices of incarcerated people in our
movements, and has set up a "proxy" system, whereby a
person on the "outside" wears a wrist bracelet with a
prisoner's name, ID number, and state as a representative
and link for that person across the walls. The LLGP is
also working on documentation and support materials, and
will make them available to people who need them.
To find out more, please write: LLGP, 1202 East Pike Street, Ste.
1044, Seattle, WA 98122-3934.
AIMLGC Regional Contacts
SOUTH:
Vince Steele 5009 T Endolwood Road Charlotte, NC 28515
Mike Lax 12514 B Esplanade Street Austin, TX 78727-4409
(512)837-1596
MID-ATLANTIC:
Jacki Weber 411 Tulip Takoma Park, MD 20912 (301)270-2126
NORTHEAST:
Ron Buckmire 11 Colvin Circle Troy, NY 12180-3735 (518)276-8910
email: buckmr@rpi.edu
Steve Arbogast 20 Mount Vernon Street Boston, MA 02108
Dan Mullins c/o CCP 64 Main Street Cortland, NY 13045
(607)756-5540
MIDWEST:
Abe Bonowitz 3150 Broadmoor Avenue Columbus, OH 43209
(614)235-6371
WEST:
George Dedes Unit G 1535 N. Obispo Avenue Long Beach, CA 90804
Neil Demers-Grey 6403 Whipoorwill Street #104 Ventura, CA 93003
(805)650-9546
David Jeffries 822 S. Mill Ave. Suite 106 Tempe, AZ 85281
(602)894-5568
NORTHWEST:
Scott Douglas P.O. Box 1624 Olympia, WA 98502 (206)352-0451
STONEWALL 25
By Abe Bonowitz
The last weekend of July was a good one for AIMLGC Steering
Committee members Catherine DeFlorio and Abe Bonowitz. In the
space of three short days the two were able to network, inform,
and build relationships with leaders of the gay and lesbian
community both nationwide and in Chicago. DeFlorio and Bonowitz
attended the national steering committee meeting of Stonewall 25
and a local event by AIUSA group #113 in Chicago, one of two AIUSA
local groups with action files related to homosexual issues.
Stonewall 25, in planning stages for several years, is
moving into high gear as June 26, 1994 fast approaches. Stonewall
25 is an international march on the United Nations building in New
York City to affirm the Universal Declaration of Human Rights
(UDHR) for gays and lesbians. It is set for June 1994 in order to
coincide with the 25th anniversary of the Stonewall riots in 1969,
considered to be the catalyst that galvanized the modern gay
rights movement.
The goal of July's steering committee meeting was to
confirm committee chairpeople, seat regional delegates, and get
the organizing ball rolling. AIMLGC's two midwest
representatives, Catherine DeFlorio from the "Policy"
sub-committee and Abe Bonowitz from the "Action" sub-committee,
both attended to observe the meeting and add input when
appropriate.
Aside from making new contacts, one key success was in
pushing for the promotion of basic human rights education and
casework. Surprisingly, even though the march platform is based
in the UDHR, no plans had been made to include such information in
Stonewall 25 materials or outreach. AIMLGC's suggestions have led
to plans for the inclusion of such material, with the probability
that Stonewall 25 mailings will include AI case actions from our
upcoming campaign. It was also determined that an in-service will
be given at the upcoming Stonewall 25 steering committee meeting
to educate the delegates about human rights issues, the UDHR, and
the operating structures of the United Nations.
AIMLGC has been given an organizational seat on the
national Stonewall 25 steering committee and has determined that
Catherine DeFlorio and Abe Bonowitz will be our official
representatives to Stonewall 25. The next meeting will be the
weekend of October 23 in Boise, Idaho.
The other main event of the weekend was an outreach event
organized by AIUSA Chicago group #113 at a popular restaurant.
The event was organized in order to educate and raise interest in
the group's work among the Chicago gay community. Group #113 has
an Action File aimed at anti-sodomy legislation in Tasmania (see
Action in this issue). Group members have been writing letters
to Tasmanian parliamentarians, asking them to repeal the statutes
that criminalize certain consensual sexual acts. Bonowitz and
DeFlorio were the featured speakers, giving information about
Amnesty's history on the issue and a run-down of human rights
violations against gays and lesbians worldwide. The audience,
small but appreciative, asked a number of probing questions and
seemed to leave contented.
AIMLGC would like to thank several AIUSA entities for
helping to fund our efforts for the weekend. Bonowitz and
DeFlorio received subsidies of 1/2 of their travel expenses from
the budget of the upcoming gay and lesbian campaign, and an
additional contribution from the Midwest Regional Office Cultural
Diversification fund went to help with other expenses. Still,
they spent a fair amount of their own money which AIMLGC would
like to be able to reimburse. If you would like to contribute to
the AIMLGC travel/outreach fund to help cover similar expenses in
the future, please send a check to treasurer Paul Tighe with a
note saying it is for the T/O fund.
Partners for Human Rights
By Michelle Mohr
In Iran homosexuals are stoned to death. In Colombia,
Brazil and Ecuador sexual minorities are gunned down in
the streets. Many countries still imprison homosexuals
with repressive sodomy laws. For these reasons, Amnesty
International has included sexual orientation in the AI
mandate and the International Gay and Lesbian Human Rights
Commission (IGLHRC) has existed for three years to
document abuses in countries around the world. Both AI and
the IGLHRC have unique and different roles to play in the
continuing struggle for gay, lesbian and HIV-positive
human rights. AI and the IGLHRC are similar in that they
both seek to eradicate human rights abuses. AI operates as
a large international body with extensive contacts, a
large international grass-roots base, and an investigation
center (the International Secretariat) in London. AI
documents and researches cases based on the AI mandate
which is composed of three main points. Seeking the
release of Prisoners of Conscience who are held for their
beliefs, color, sex, ethnic origin, language or religion,
providing they have never used or advocated violence.
Second, asking for fair and prompt trial for all political
prisoners and third, advocating an end to torture and
execution in all cases. The IGLHRC is a San
Francisco-based organization that focuses on gay, lesbian,
bisexual and HIV-POSITIVE human rights cases. Most of the
research is done out of a 4 room office on Castro Street
by 2 1/2 devoted employees and approximately 150
volunteers. All of the research for the Emergency Response
bi-monthly bulletin is done by gathering information from
sources around the world. Because the IGLHRC is relatively
new to the human rights scene, the organization has to be
particularly careful to report accurate and
well-documented information in order to maintain
credibility. The IGLHRC will not publish anything if they
are not certain of its accuracy. The IGLHRC also documents
cases of gays, lesbians, and HIV-POSITIVE people who are
seeking political asylum in the United States. The
Emergency Response Network serves as the avenue by which
the IGLHRC mobilizes letter writing campaigns. There are
currently no IGLHRC letter writing groups. The IGLHRC also
functions as the Action Secretariat of the International
Lesbian and Gay Association (ILGA). ILGA is a federation
of over 300 gay and lesbian groups worldwide. The IGLHRC
is still in its formative years and thus there is
incredible opportunity and need for expansion of the
organization. Amnesty International has thus far greatly
benefited the gay and lesbian human rights struggle in
part because AI has the reputation world-wide of being
accurate and impartial. AI is the largest human rights
organization in the world with the most members and the
largest influence. When an AI Urgent Action is sent out it
goes to local groups and student groups around the world.
EverybodyUs letters together have incredible strength in
influencing governments to release a prisoner or stop
torture. AIUs support of gay and lesbian human rights is
certainly a huge benefit to the struggle to protect all
people from human rights abuses. The Secretary General of
AI, Pierre San in a recent interview with the Philadelphia
News , emphasized that gays and lesbians are an important
part of the international struggle for human rights.
While AI does help give more credibility to gay and
lesbian human rights because it is a well-known
international organization, there are certain areas in
which the IGLHRC excels, areas that extend beyond the
scope of AI's mandate. The IGLHRC communicates with gays
and lesbians all over the world not only to learn about
the human rights situation in a country but also to build
friendships and community. Many lesbian and gay people do
not have any access to gay and lesbian life. Every time I
get a response from Turkey or South Africa I am reminded
how universal the struggle for human rights is and how we
are all a vital part of the network of people who stand up
for the human rights of gays and lesbians. On the side,
the IGLHRC helps to run an Eastern European pen-pal
network and often sends care packages of gay and lesbian
magazines, medical supplies and safer sex tools to people
in other countries. The IGLHRC is in a unique position to
do international outreach because it is the only
international gay and lesbian organization whose mandate
is to monitor, document and mobilize response to human
rights violations against sexual minorities and people
with HIV or AIDS. The IGLHRC is not limited to prisoners
of conscience, torture and executions. They fight gay and
lesbian discrimination in all forms including police
extortion, lesbians in mental hospitals, police harassment
of gay bars, discrimination against people with HIV or
AIDS and any other human rights violation that is
encountered by sexual minorities. AI works on behalf of
more types of people within a more narrow mandate whereas
the IGLHRC works only on sexual minorities and people with
HIV or AIDS within a broad mandate. Thus both
organizations contribute considerably to the human rights
movement in different ways. Gay, lesbian, and
HIV-POSITIVE human rights bring special concerns with them
that must be understood by both the IGLHRC and AI. Often
the person in jail can not be identified by name because
of homophobia within their country. In other countries
sexuality is a taboo subject and thus homosexuality is
rarely mentioned. Some countries even deny that they have
any homosexuals. A spokesman at the Chinese embassy in
London said that homosexuality is Rnot a problem in China,
we do not have homosexuals in China.S In the past when
homosexuals have been denied their human rights there was
nobody speaking up for them and no international
organization to investigate the situation. This is slowly
changing as more human rights groups are beginning to work
on behalf of gays and lesbians. One of the most popular
arguments made by those who oppose gays and lesbians is
that gays and lesbians want Rspecial rightsS. The one
Rspecial rightS that no one can reasonably argue against
is human rights. The right to not be put in jail for being
gay or lesbian or advocating on behalf of gay and lesbian
human rights. The right to not be tortured or killed
because you are gay or lesbian. These human rights are at
the root of the gay and lesbian movement. Without them we
are no longer free. Both Amnesty International and the
International Gay and Lesbian Human Rights Commission are
helping preserve the human rights of gays and lesbians
around the world.
VIOLACIONES CONTRA ACTIVISTAS GAY EN MEXICO
En junio, Amnistia Internacional revelo informacion sobre
el encarcelamiento de activistas de derechos gay en
Mexico, quienes puedan ser prisioneros de conciencia. Los
dos activistas, Gerardo Ruben Ortega Zurita, 36, y Jose
Cruz Reyes Pontenciano, 23, son muy conocidos en la Ciudad
de Mexico por su trabajo voluntario en la prevencion del
SIDA con varones prostitutas . Como parte de su campana,
los activistas han denunciado repetidamente en los medios
de comunicacion mexicanos los abusos alegadamente
padecidos por los prostitutas homosexuales a manos de la
policia y otras autoridades, incluyendo golpes y
extorcion. Fueron arrestados tres dias despues de que
Gerardo Ruben Ortega Zurita fue entrevistado en la
television, donde el repitio sus criticismos contra las
autoridades alrededor de cuestiones de los homosexuales.
Ortega Zurita y Reyes Pontenciano fueron arrestados el 16
de junio, 1992 en la Ciudad de Mexico por miembros de la
policia judicial del Distrito Federal, quienes alegaron
que fueron detenidos en 'flagrante delicto'. Los dos
hombres fueron acusados de la violacion y el asalto sexual
de un menor. Fueron transferidos a una estacion de policia
donde las autoridades anunciaron su arresto a la prensa,
no obstante la falta de acusaciones formales contra los
dos en ese momento. Segun se informa, ambos fueron
golpeados por la policia, y fueron transferidos el mismo
dia a otra estacion en el vecindario de Coyoacn, donde se
quedaron incomunicados hasta el dia siguiente. El 17 de
junio fueron presentados ante un abogado local para sus
declaraciones preliminarios, y sus acusaciones fueron
confirmadas a pesar de la falta de evidencia de apoyo.
(Una examinacion forense, llevado a cabo el dia del
arresto de los dos hombres y de la victima alegada, segun
se informa, desecho la existencia de evidencia fisica de
violacion. La misma examinacion aparentemente acerto
heridas en los acusados consistentes con las alegaciones
de golpes por la policia.) El 18 de junio, 1992, Ortega
Zurita y Reyes Pontenciano fueron transferidos al
Reclusorio Preventivo Sur, una crcel en la Ciudad de
Mexico, pendiente su juicio. Ambos alegadamente padecieron
golpes y hostigamiento de los otros presos en los dias
despues de su llegada. El 31 de marzo, 1993 ambos fueron
sentenciados a 13 anos y 9 meses en la crcel. La sentencia
est bajo apelacion ante la Corte de Apelacion de la Ciudad
de Mexico. Amnistia Internacional est seriamente
preocupado sobre el encarcelamiento y maltratamiento
padecido por estos dos activistas. Informacion
recientemente recibida por AI sugiere que ambos hombres
fueron arrestados y acusados con ofensas que no fueron
corroboradas ni por la evidencia forense inicial, ni por
el testimonio de testigos confiables; y que su arresto y
encarcelamiento pueden haber sido motivados por el
criticismo activo y abierto de ambos sobre asuntos gay en
la Ciudad de Mexico, junto con un prejuicio alegado contra
los acusados por las autoridades del caso. Amnistia
Internacional cree que Gerardo Ruben Ortega Zurita y Jose
Cruz Reyes Pontenciano puedan ser prisioneros de
conciencia. En consecuencia, la organizacion est invocando
las autoridades a que tengan una investigacion completa e
imparcial sobre las alegaciones de la violacion de los
derechos humanos padecidos por ambos hombres, incluyendo
su encarcelamiento y maltratamiento, y que lleven a la
justicia los responsables. (AI AMR 41/03/93)
BRASILENO GAY ESTA OTORGADO ASILO POLITICO
por Michelle Mohr
Por primera vez en los Estados Unidos, se ha otorgado
asilo politico a un hombre gay por el miedo bien fundado
de la persecucion que el tiene en Brasil, basado en su
orientacion sexual. La decision fue expedida el 26 de
julio por el juez Philip Leadbetter en San Francisco. El
juez decidio que Marcelo Tenorio fue eligible por asilo
basado en su miedo bien fundado a causa de que es miembro
de un grupo social particular. Durante el juicio de
Tenorio, el cito un miedo de la persecucion en Brasil por
el hecho de que en 1989 fue apunalado y golpeado afuera de
una discoteca gay en Rio de Janeiro. La gente que ataco a
Tenorio le amenazaron diciendo que si lo vieran otra vez
en ese vecindario, lo matarian. Tenorio dijo que no se
siente seguro en Brasil porque el aparece y actua
abiertamente gay. En la decision de 18 pginas expedida por
la corte, el juez afirmo que la orientacion sexual es
discutiblemente una caracteristica inmutable, algo que un
aplicante de asilo no debe de estar exigido a cambiar.
Asi, los homosexuales estn considerados como miembros de
un grupo social particular. Dr. Luiz Mott, presidente del
Grupo Gay da Bahia en Brasil, testifico en el juicio de
Tenorio que hay doce organizaciones paramilitares en
Brasil que han declarado publicamente su meta de asesinar
a todos los homosexuales y transvestitas. Segun
estadisticas compiladas por el Grupo Gay da Bahia, tantos
como 1200 hombres gay, lesbianas y transvestitas han sido
asesinados por estos escuadrones de la muerte
paramilitares en los ultimos diez anos. Estos grupos matan
a una persona gay cada 5 dias por termino medio. Despues
de la decision de otorgar asilo a Tenorio, el Servicio de
Inmigracion y Naturalizacion (Immigration and
Naturalization Service-INS) tenia la opcion de apelar la
decision. El INS ha decidido apelar, asi que tendrn que
juzgar el caso otra vez. El abogado de Tenorio, Tania
Alvarez, dijo que, "Creo que va a apelar el INS, pero les
va a resultar muy dificil ganar este caso." Aun si est
negado el caso de Tenorio durante el proceso de apelacion,
este caso facilitar al promixo juez hacer la decision de
otorgar asilo a una persona gay, como no ser el primero en
hacerlo. Actualmente, hay al menos 14 casos pendientes de
gays y lesbianas que quieren asilo politico a causa de su
orientacion sexual. Si el caso de Tenorio no est negado
durante el proceso de apelacion, los Estados Unidos se
unir con Canada, Finlandia, Alemania, Australia, Suecia,
Dinamarca, Nueva Zelanda, los Paises Bajos y Austria en
incluir minorias sexuales perseguidas en la interpretacion
de un 'grupo social'. Julie Dorf, Directora Ejecutiva de
la Comision Internacional de Derechos Humanos de Gays y
Lesbianas dijo, "En otorgar asilo, el juez Leadbetter ha
afirmado que los Estados Unidos tiene que ser un sitio de
refugio para los hombres gay y lesbianas perseguidos,
igual como lo puede ser para otra gente perseguida.
Esperamos que esta decision sea la primera de muchas en
otorgar a las minorias sexuales proteccion igual bajo las
leyes de inmigracion de los Estados Unidos."
IRLANDA PROPONE LA DECRIMINALIZACION
El gobierno de la Republica de Irlanda publico
recientemente la Ley Criminal (Ofensas Sexuales)
Documento1993, lo cual revocara la ley existente que
prohibe actos homosexuales, e introducira provisiones que
prohiben tales actos con personas bajo la edad de 17 anos.
La legislacion actual sobre la homosexualidad en la
Republica de Irlanda esta en violacion de la Convencion
Europea sobre los Derechos Humanos porque permite la
prosecucion de adultos consentidos que participan en actos
homosexuales en la privacidad. La Corte Europea de
Derechos Humanos decidio en el caso de David Norris en
1988 que las leyes irlandeses estaban en violacion del
Articulo 8 de la Convencion Europea, lo cual garantiza el
derecho a la privacidad. David Norris, un senador de la
Republica de Irlanda, y proponente de derechos
homosexuales por mucho tiempo, disputo en 1987, ante la
Corte Europea de Derechos Humanos, la existencia de leyes
que hacen criminales ciertas practicas homosexuales entre
adultos consentidos masculinos. Aunque el gobierno
irlandes alego que la legislacion nunca habia sido puesto
en vigor contra el aplicante, y que el no pudo sostener
que fue una "victima" bajo el significado del Articulo
25/1 de la Convencion, la Corte mantuvo que el Articulo 25
de la Convencion "da derecho a individuales en mantener
que una ley, en si misma, viola sus derechos ... si corren
el riesgo de estar directamente afectado por ella."
Admitio que el riesgo del procesamiento en este caso fue
minimo, pero que si se queda la ley en el Libro de
Estatutos, puede ser aplicado en cualquier momento. La
Corte afirmo, "Ademas, fue pronunciado en las procedencias
nacionales que uno de los afectos de las sanciones
criminales contra los actos homosexuales es de aumentar la
ansiedad y el sentimiento de culpabilidad de homosexuales,
contribuyendo, a veces, a la depresion y a las
consecuencias serias que pueden resultar de esa enfermedad
desafortunada." Han pasado muchos anos desde la decision
de la Corte Europea, y organizaciones de gays y lesbianas
adentro y afuera de Irlanda han estado haciendo campana
para la revocacion de la ley desde ese principio. Amnistia
ahora se une con estas organizaciones, esperando la
legislacion propuesta y urgiendo su aceptacion. En junio,
Amnistia produjo una accion de la Red Regional de Accion
('Regional Action Network') con el fin de apoyar este
cambio legislativo. Esta accion fue designada a grupos en
Canada, Suecia y Alemania. (AI EUR 29/05/93)
AIMLGC URGENT ACTION APPEAL
Australia: Tasmanian Sodomy Law
Amnesty International is concerned that sections of the Australian
state of Tasmania's Criminal Code Act 1924 (Amended 1987)
criminalize all male homosexual acts between consenting adults in
private.
Background:
Section 122 of the Tasmanian Criminal Code Act 1924
(Amended 1987) states that "Any person who (a) has sexual
intercourse with any person against the order of
nature;... (c) consents to a male person having sexual
intercourse with him or her against the order of nature,
is guilty of a crime," and could be charged with
"unnatural sexual intercourse." Section 123 of the same
Act states that "Any male person who, whether in public or
private, commits any indecent assault upon, or other act
of gross indecency with, another male person, or procures
another male person to commit any act of gross indecency
with himself or any other male person, is guilty of a
crime," and could be charged with "indecent practice
between male persons." It is clear that this law allows
for the prosecution of consenting adults engaging in
homosexual acts in private. All states and territories in
Australia except the state of Tasmania have decriminalized
male homosexual acts between consenting adults in private.
AIMLGC's action comes at a crucial time for this law: in
December, 1991, Mr. Nick Toonen, a gay activist from
Hobart, filed a complaint with the UN Human Rights
Committee, charging that anti-sodomy laws in Tasmania
violate his human rights as a gay man. The laws, which
have not been used against adults in ten years, provide a
maximum penalty of 21 years in prison. Because Tasmanian
activists have been met with harsh reactions in their
area, they are looking to the UN and the international
human rights community for assistance.
Recommended Action:
Please send courteously worded letters in English, or your
own language, to the government authorities below. Points
to stress in your letters are below:
---Express concern that certain sections of the Tasmanian Criminal
Code Act 1924 (Amended 1987) criminalize all male homosexual acts
between consenting adults in private in the state of Tasmania;
---Explain that Amnesty International will adopt as prisoners of
conscience persons who might be imprisoned because of their
homosexuality, and for engaging, as consenting adults, in
homosexual acts in private;
---Urge authorities to decriminalize homosexual acts in private
between consenting adults;
---Place your concern in a human rights context: stress that your
concern is for the human rights of all people, and that the
relevant articles of the Criminal Code are a human rights threat
to gay men in Tasmania.
Appeals to:
Mr. Ray Groom MHA State Premier Department of Premier and Cabinet
State of Tasmania Executive Buildings Franklin Square, Hobart 7000
GPO Box 1238, Hobart 7001 Tasmania
AUSTRALIA
The Attorney General 9th Floor Executive Building 15 Murray Street
Hobart Tasmania 7000
AUSTRALIA
If you receive a reply from the Australian government, please send
one copy to AIMLGC, and one copy to Amnesty's International
Secretariat at 1 Easton Street, London, WC1X 8DJ, U.K.
Violations Against Gay Activists in Mexico
In June, Amnesty International released information
regarding the imprisonment of gay rights activists in
Mexico who may be prisoners of conscience. The two gay
activists, Gerardo Ruben Ortega Zurita, 36, and Jose Cruz
Reyes Potenciano, 23, are both renowned in Mexico City for
their AIDS-prevention voluntary work among male
prostitutes in that city. As part of their campaign, they
have both repeatedly denounced in the Mexican media the
abuses allegedly suffered by gay prostitutes at the hands
of the police and other authorities, including beatings
and extortion. Their arrest took place three days after
Gerardo Ruben Ortega Zurita was interviewed on television,
where he repeated his criticism against the authorities
regarding gay issues. Ortega Zurita and Reyes Potenciano
were arrested on June 16 1992 in the streets of Mexico
City by members of the Federal District judicial police
who alleged they were detained in flagrante delicto. The
two men were accused of the rape and sexual assault of a
minor. They were both transferred to a police station
where the police announced their arrest to the press,
despite the lack, at the time, of formal charges against
the defendants. Both were reportedly beaten by the police
and transferred on the same day to another police station
in the neighborhood of Coyoacn, where they remained
incommunicado until the next day. On June 17 both were
presented before a local attorney for their preliminary
statements, and their charges were confirmed despite the
lack of supporting evidence (a forensic examination
carried out on the day of the arrest on both men, and of
the alleged victim, reportedly dismissed the existence of
physical evidence of rape. The same examination
reportedly certified injuries of the defendants consistent
with the allegations of beatings by the police). On June
18, 1992, Ortega Zurita and Reyes Potenciano were
transferred to the Reclusorio Preventivo Sur , a prison in
Mexico City, pending trial. On the days following their
arrival, both reportedly suffered beatings and harassment
from prison inmates. On March 31, 1993 they were both
sentenced to 13 years and 9 months' imprisonment. Their
sentence is presently under appeal before the Appeals
Court of Mexico City. Amnesty International is seriously
concerned about the imprisonment and ill-treatment
suffered by these two activists. Information recently
received by AI strongly suggests that both men were
arrested and charged with offenses which were not
corroborated by initial forensic evidence or the
testimonies of reliable witnesses; that their arrest and
imprisonment may have been motivated by both men's active
and outspoken criticism against the authorities regarding
gay issues in Mexico City, coupled with alleged prejudice
against the defendants by the authorities in charge of the
case. Amnesty International believes that Gerardo Ruben
Ortega Zurita and Jose Cruz Reyes Potenciano may be
prisoners of conscience. The organization is therefore
calling on the Mexican authorities to carry out a full,
prompt, and impartial investigation into the allegations
of human rights violations suffered by both men, including
their imprisonment and ill-treatment, and to bring those
responsible to justice. (AI AMR 41/03/93)